What is a 'Speedy Trial' in Iowa?

Can the Police Pull Me Over for OWI When I SlidE on Ice?

Law enforcement may conduct a traffic stop for any violation of the rules of the road. They use pretextual stops to escalate and elevate citations and warnings for minor traffic violations to full blown drunk driving investigations.

Should I seek a deferred or the weekend program in a first time OWI?

I just had a 'couple drinks' and still got arrested for OWI. Is that right?

Most people answer "a couple drinks" when asked at the roadside by a police officer how much alcohol they've consumed. The rough 'science' of alcohol absorption and metabolization has taught me their not fibbing.

Can a Police Officer Bootstrap a more serious investigation from a minor fix it ticket?

Can the Police look inside my car during a traffic stop?

Officers pay close attention to what they can see through the windows of an automobile. They often assert an exception to the warrant requirement, called "plain view," that is a legal conclusion for a judge to make.

Is 'Finder's keepers' a 'Thing?'

What is Operating While Under the Influence of a Drug in Iowa?

The prohibition on operating a motor vehicle while intoxicated, or, under the influence, in Cedar Rapids and other Iowa communities applies to controlled substances and a combination of alcohol and drugs.

Possession is a many splendored Thing

What is the Initial Appearance in an Cedar Rapids, Iowa Criminal Prosecution?

Sometimes the names of court dates and appearances can be confusing. Assume you have to go to all of them unless your attorney notifies you otherwise in writing to avoid confusion, but here's a helpful roadmap.

When do I have to go to court?

What is An "ALFORD" PLEA IN IOWA?

The Constitution does not forbid defendants from pleading guilty without admitting they committed the crime-- if the guilty plea is the product of a knowing, intelligent, and voluntary choice between two alternative courses open to the defendant.

What's the Difference Among initial Appearances, Preliminary hearings, and arraignments?

What is a 'Trial Information' in Iowa Criminal Law?

The Iowa criminal code and the criminal rules of procedure have some strange names for things that everyone else has already named differently somewhere else. One example is the "Trial Information" which is commonly called an "indictment" in places east and west.

What is a "Lascivious Act" in Iowa?

Should I Hire a Cedar Rapids Criminal Lawyer or a Generalist?

The relationship between an attorney and a client is complex. While generalists are to be commended for knowing much about many different areas of the law, they do not limit themselves exclusively to the criminal law.

How do I get my Car Back After a Cedar Rapids OWI (DUI)?

A Cedar Rapids OWI (DUI) is a traumatic event not the least of which because law enforcement enlist a third-party tow agency to seize and maintain custody of the vehicle unless and until it is released.

OWI/DUI defendants will feel alone -- But they're Not

ARE POLICE MISUSING THE PBT AS A 'DRUG DETECTOR?'

Some SFST administrators think they have the corner on spotting intoxication even before they complete the full battery of SFSTs-- that includes the PBT. They use the PBT merely to distinguish intoxicants. Or so they say.

Make it to the County Line: Does Jurisdiction matter?

What if I Disagree with the Police Report?

Receiving a police report in the mail after the beginning of a prosecution can be a frustrating experience. Afterall, a criminal defendant will seldom agree with everything a law enforcement officer writes in such a document.

What do Body Cams mean for Iowa Criminal Defense and in particular for OWI (DUI)?

Do I want an "aggressive" criminal defense?

The criminal justice system is an adversarial system in which two or more parties are represented in the courtroom. But is it aggressive and does a client need an "aggressive" criminal defense? An explanation of why battlefield metaphor is misplaced in the courtroom.

The officer didn't have probable cause to stop me: is my case dismissed?

Iowa DHS to Mandatory Reporters: Report non-criminal sex

The Iowa DHS directs mandatory reporters to break privilege to report to DHS and law enforcement the sex acts of minors aged 14 to 18—even though some such acts may not even be criminal under Iowa law.

What is a prescription drug defense in an Iowa OWI (DUI) case?

What is the difference between robbery and burglary in Iowa?

I sometimes hear people confuse robbery with burglary. This is usually in the context of a homeowner casually mentioning that they want to prevent their house from "getting robbed” while they are gone on vacation. Houses cannot be robbed. They can, however, be burglarized.

What is robbery in Iowa?

Under Iowa Code Chapter 711.1, a robbery is (1) an assault; or (2) a threat with the purpose of placing another in fear of a serious injury; or (3) a threat of a forcible felony paired with the intent to commit a theft. It matters not whether something was actually stolen.

I was standing at the Clerk of Court criminal window today and a woman came asking for help on how to obtain a lift on a criminal no-contact order in what I could only assume was a domestic abuse case.

Should a defendant talk to Iowa DHS about abuse allegation?

Constructive Possession UpdatE: still falling out of favor

I have blogged before that I believe the Iowa Court of Appeals is disfavoring the concept of “constructive possession” of marijuana in the State of Iowa. By constructive possession, the court refers to the legal construct of possessory attribution . . .

Should a suspect talk to the police?

Mr. Suspect just arrived home after a long day at work to find a police detective’s business card ever so carefully protruding from the space between the front door and its frame. On the back is scribbled the phrase, “Call my cell– Need to Speak with you ASAP,” or something similar. What’s a person to do?

Does a criminal defendant get to pick his own jury?

Trick question. A criminal defendant gets to deselect potential jurors with something called a "strike." Prosecutors may not strike potential jurors solely because of race. That would trigger a so-called Batson​ challenge.

Should a Defendant Stick with the Public Defender?

Second Time OWI-what now?

So you’ve been arrested for a second offense operating while intoxicated. Your last offense was within the last years and, perhaps you even received a deferred judgment or used the weekend program at a local Iowa community college to avoid jail time for your first offense.

Does a plea agreement guarantee a result?

Not necessarily. A plea agreement is an agreement of the parties to a criminal lawsuit that typically requires the State to make a recommendation to the Court in exchange for the Defendant’s guilty plea to the charges as they stand, lesser charges, or substituted charges.

Text Messages are Exhibit A in any Prosecution

Text messages are not a good idea for people who engage in criminal activity. Most people, of course, think neither about their not-so-finest moments nor the text messages they send off in immediate, rapid-fire fashion either before or after those moments. Hence, text messages can and do become Exhibit A.

Dope on the Floorboards: is constructive possession falling out of favor in Iowa?

Officer Friendly and Partner activate their marked patrol car top lights to initiate a traffic stop. Civilian driver pulls over. Three passengers are along for the ride. Officers don’t like the cut of the automobile occupants’ clothes.

Juvenile Sentencing Options Evolving in Iowa

The law on juvenile delinquency is evolving rapidly in the nation and in the State of Iowa. The United States Supreme Court has ruled that mandatory life sentences for juvenile offenders are cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution.

Meth Clean Up Sites: Are they really as bad as the Government says they are?

I'm not a scientist. Let's get that out of the way right now. But I have been personally present when a prosecutor made scientific arguments and in court about the purportedly substantially negative impact that methamphetamine dump sites have on the environment.

Benton County Criminal Defense: By the Numbers

I’m an Iowa criminal defense attorney licensed to practice Iowa criminal defense throughout the State of Iowa but I have spent considerable amounts of time as a practicing Benton County criminal defense lawyer in Vinton, Iowa.

Johnny Cash was Right: Don't Take Your guns to Town

In 1958, Johnny Cash wrote a cowboy ballad aptly titled, "Don't Take Your Guns to Town." A mother implores her son-- who is itching to come of age and get off the farm-- to leave his guns at home when he goes to town to taste his first hard liquor.

Suicidality not sign of guilt in child sex abuse cases

We probably each know someone who has attempted to end or ended their existence on this planet by choice. If it happens as the result of a false accusation of child sex abuse, there are some bystanders who would scoff and suggest that the act or attempt was a cowardly sign of guilt.

Marijuana Possession: Student Financial Aid Still at Risk

First time marijuana possession in the State of Iowa is a serious misdemeanor punishable by at a minimum 48 hours in jail, a fine ranging from $315 to $1000, and a jail sentence no greater than six months on a first offense.

Understanding Iowa assaults

Your lawyer should have a basic understanding of the scientific and mechanical evidence at issue in your criminal prosecution and the ability to seek out expert witness testimony on more complicated matters. Mr. Cmelik has used scientific evidence and expert witnesses to explain complex subjects to the jury including firearms and accident reconstruction. The following blogs are drawn from the experience of attorney David Cmelik but should not in any way be considered legal advice. No attorney client privilege is established by reading a blog or by sending information to an attorney over the Internet.